Please join us Monday, September 14, 2026, at noon, as we discuss three topics in patent law. First, we will discuss the U.S. Court of Appeals for the Federal Circuit (CAFC) precedential decision in Moskowitz Family LLC v. Globus Medical, Inc., affirming a district court’s grant of summary judgment of noninfringement, its construction of the [...]
Two Federal Circuit Reversals, One Lesson: Words Matter - From Patent Prosecution to Hypothetical Copyright Negotiations Two Federal Circuit decisions from this July share a common thread: courts won't let hindsight or selective memory rewrite the record. In 4DD Holdings, LLC v. US, No. 24-1996 (Fed. Cir. 2026), the court vacated a copyright damages award [...]
Two Recent Cases Please join us Monday, June 22, 2026 at noon online or in Westlake Village when we will discuss two recent cases. In a patent case at the Federal Circuit, GoTV Streaming, LLC v. Netflix, Inc., No. 2024-1669 (Fed. Cir. Feb. 9, 2026)(Opinion by Judge Tarantino reversing Judge Klausner of the Central Dist [...]
The Record Is the Record: Two Recent IP Decisions with a Common Thread A quintessential evidentiary record is one that allows you to pull pertinent facts, craft weighty arguments, and ultimately carry the day. Fact-finding, proper recordation of evidence, and making the right argument at the right time are crucial. Parties to a suit don't [...]
SUPREME COURT SIDES WITH COX COMMUNICATIONS IN MUSIC PIRACY CASE, NARROWING GROUNDS FOR CONTRIBUTORY LIABILITY On Monday, March 30, we will discuss a hot-off-the-press Supreme Court decision that makes it significantly more difficult to hold service providers responsible for their users’ copyright infringement. In Cox Communications v. Sony Music Entertainment (March 25, 2026), the Court [...]
State of AI in Intellectual Property Law Copyright Law In the United States Court of Appeals for the District of Columbia Circuit, Thaler v. Perlmutter was decided about one year ago on March 18, 2025. In that case, Dr. Stephen v. Thaler sought to register the copyright in the work "A Recent Entry into Paradise" [...]
1. Grammar Rules Count. Netflix v. Divx (Feb. 13, 2026 – Moore, Dyk, and Taranto)Appeal from the TTAB. The court’s construction of one claim required it to determine the meaning of one clause. Citing Intel Corp. v. Qualcomm Inc., 21 F.4th 801, 809 (Fed. Cir. 2021), and other cases, the court considered “the ordinary meaning [...]
Copyright in the Input, Uncertainty in the Output 2.o: The Legal Grey Area Expands Unsurprisingly, generative artificial intelligence (“AI” - an abbreviation whose definition has now entered common parlance, yet I provide one anyway for the non-AI user) makes headlines… again. ByteDance, the owner of TikTok, recently released Seedance 2.0, a video-based generative AI model [...]
Pokémon and Edge Games Fighting for their IP Lives The Edge of Reason Update January 23, 2206: It appears that Dr. Langdell has responded to this mention of the TTAB decision. You can see those comments below. In Mobigame v. Edge Games, Inc. (Cancellation No. 92075393) (decision here) an incredibly longstanding battle over the trademark [...]
Recent European Patent Office Guidance of Patent Claim Interpretation in Assessing Patentability In our SoCal IP Institute meeting on Monday, October, 27 2025 we will discuss a recent decision whereby the European Patent Office ellucidates on the extent to which the description and drawings may guide patentability within the claims. Traditionally, the European Patent Office [...]
